Assault and Battery are two different offenses. Simply put, an assault is a failed battery. For instance, if a person attempts to punch another but misses, only an assault is committed. If the same person makes contact with his target, both a battery and an assault have been committed. In order to prove this offense, a Prosecutor needs to establish beyond a reasonable doubt that the act was done willfully and not in self-defense. As long as great bodily injury does not occur, Assault and Battery offenses can only be charged as misdemeanors.
Potential Penalties for Assault and Battery
• Jail Time (Up to 6 Months)
• Fine
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Assault and Battery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress
Defense Criminal Attorney San Mateo Redwood City Assault and Battery
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